GSRTC Vs. JITENDRA M BRAHMBHATT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the order passed by the Labour Court, Nadiad in Recovery Application No.18/1993 dated 07.07.1995, whereby, the said application was allowed and the petitioner has been directed to pay an amount of Rs.22,486.21 being the amount of salary for the period from 11.12.1986 to 25.01.1988 and an amount of Rs.1,437.75 towards bonus, i.e. total amount of Rs.23,923.96, and the amount towards Earned Leave for the period from December 1996 to January 1988 along with 18% interest and cost of Rs.500/-.

(2.) The facts in brief are that the respondent was working as a Traffic Inspector with the petitioner-Corporation at Nadiad Office. On the allegation that the respondent had assaulted an Officer of the petitioner-Corporation on 06.12.1986, departmental inquiry was initiated and a criminal complaint was also filed. As the charges levelled against the respondent were serious in nature, he was transferred to Khambhat vide order dated 08.12.1986. Thereafter, he placed under suspension vide order dated 11.12.1986.

(3.) However, in the meantime, the respondent had filed Misc. Application No.7/1986 before the Labour Court, Nadiad praying to restrain the petitioner from passing any order of transfer or suspension. Ad-interim relief was granted in favour of the respondent but, before the said proceedings were initiated, the respondent was already placed under suspension. As the inquiry could not be completed within the stipulated period, the suspension order was cancelled vide order dated 10.02.1987.